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Dole Dried Fruit and Nut Co. v. Trustin Kerwood Ltd. - Court of Appeal (Lloyd & Beldam L.JJ.) - 16 May 1990
The plaintiffs, a Californian company, appointed the defendants their sole and exclusive agents for the importation and distribution in England of the plaintiffs’ prunes and raisins. On 1 May 1989 the plaintiffs purported to terminate the..
Online Published Date:
02 June 1990
Appeared in issue:
276 - 02 June 1990
Islamic Republic of Iran Shipping Lines v. Ierax Shipping Co. (The Forum Craftsman) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 25 May 1990
The vessel Forum Craftsman
was chartered on the Sugar Charterparty 1969 form for the carriage of a cargo of sugar in bags from Foynes to Bandar Abbas. The vessel arrived at Bandar Abbas on 11 June 1984 and gave notice of readiness. Due to..
Online Published Date:
02 June 1990
Appeared in issue:
276 - 02 June 1990
Islamic Republic of Iran Shipping Lines v. Ierax Shipping Co. (The Forum Craftsman) - Q.B.D. (Com.Ct.) (Hobhouse J.) - 25 May 1990
The charterers’ alternative submission [see previous summary] centred on clause 28 of the Sugar Charterparty form. The clause read:
Strikes or lockouts of men, or any accidents or stoppages on railway and/or canal and/or river by ice or frost..
Online Published Date:
02 June 1990
Appeared in issue:
276 - 02 June 1990
Ateni Maritime Corporation v. Great Marine Ltd. (The Great Marine) - Q.B.D. (Com.Ct.) (Leggatt J.) - 24 July 1989
The plaintiffs agreed to purchase the vessel Great Marine from the defendants. The sale agreement provided that the purchase price was to be U.S. $9,500,000 cash. The buyers were to pay a deposit of 10%, with the balance on completion. The agreement..
Online Published Date:
02 June 1990
Appeared in issue:
276 - 02 June 1990
Comdel Commodities Ltd. v. Siporex Trade S.A. - House of Lords (Lord Bridge, Lord Emslie, Lord Brandon, Lord Goff and Lord Jauncey) - 7 June 1990
Disputes arose under contracts incorporating clauses referring disputes to arbitration in accordance with the Rules of Arbitration and Appeal of the Federation of Oils, Seeds and Fats Association Ltd (“the F.O.S.F.A. Rules”). Rule 2(d)..
Online Published Date:
16 June 1990
Appeared in issue:
277 - 16 June 1990
Indian Oil Corporation v. Coastal (Bermuda) Ltd. - Q.B.D. (Com.Ct.) (Evans J.) - 2 May 1990
Disputes arose under a contract for the sale of 1.5 million tons of Bombay High Grade Oil on f.o.b. terms during the period 1 September 1984 to 31 March 1985. The contract required the buyers to nominate the carrying vessels and to establish a..
Online Published Date:
16 June 1990
Appeared in issue:
277 - 16 June 1990
Richco International Ltd. v. Alfred C. Toepfer International (The Bonde) - Q.B.D. (Com.Ct.) (Potter J.) - 23 May 1990
The sellers contracted to sell some 30,000 tonnes of Saudi Arabian wheat to be delivered f.o.b. stowed and trimmed Damman for shipment 20 April/20 May 1988. Under the contract the sellers guaranteed to load the vessel at a certain rate. Demurrage..
Online Published Date:
16 June 1990
Appeared in issue:
277 - 16 June 1990
St. Paul Fire & Marine Insurance Co. v. Sea-Land Service Inc. (The Vermillion Bay) - U.S. District Ct. (S.D.N.Y.) (Robert P. Patterson Jr. D.J.) - 24 April 1990
The plaintiff insurance company was the subrogee of Concept Cargo Inc. (“Concept”). The plaintiff brought an action for damages arising out of a shipment by the vessel from Florida to the Dominican Republic. Concept was a non vessel..
Online Published Date:
16 June 1990
Appeared in issue:
277 - 16 June 1990
Firma C-Trade S.A. v. Newcastle Protection & Indemnity Association (The Fanti) and (The Padre Island (No. 2)) - House of Lords (Lord Keith, Lord Brandon, Lord Ackner, Lord Goff and Lord Jauncey) - 14 June 1990
The rules of the two P. & I. Clubs involved in these appeals provided that their members should be indemnified in respect of all losses or claims which they “shall have become liable to pay and shall in fact have paid” in respect..
Online Published Date:
30 June 1990
Appeared in issue:
278 - 30 June 1990
Golden Ocean Assurance Ltd. v. Martin (The Golden Mariner) - Court of Appeal (Lloyd & McCowan L.JJ. and Sir John Megaw) - 14 June 1990
The vessel Golden Mariner
became a serious casualty on 17 December 1984 in the course of a laden voyage from Tubaro to Japan. Salvage services were rendered under Lloyd’s Open Form. The salvors were awarded $2 million. An average adjustment..
Online Published Date:
30 June 1990
Appeared in issue:
278 - 30 June 1990
Navigazione Alta Italia SpA Concordia Maritime Chartering A.B. (The Stena Pacifica) - Q.B.D. (Com.Ct.) (Evans J.) -
15 September 1989
The plaintiffs time-chartered the tanker Stena Pacifica
from the defendants on the Shelltime 4 form and sub-chartered her to Toro Petroleum Ltd. for a voyage from Nigeria to Portugal. There were considerable delays in discharging..
Online Published Date:
30 June 1990
Appeared in issue:
278 - 30 June 1990
Navigazione Alta Italia SpA v. Concordia Maritime Chartering A.B. (The Stena Pacifica) - Q.B.D. (Com.Ct.) (Evans J.) -
15 September 1989 (see previous summary)
Clause 41 of the charterparty provided:
41(a) . . .
(b) Any dispute arising under the charter shall be decided by the English Courts to whose jurisdiction the parties hereby agree.
(c) Notwithstanding the..
Online Published Date:
30 June 1990
Appeared in issue:
278 - 30 June 1990